Rohit Khushalbhai Chauhan vs State Of Gujarat on 1 October, 2020

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Gujarat High Court

Rohit Khushalbhai Chauhan vs State Of Gujarat on 1 October, 2020

Bench: A.G.Uraizee

        R/CR.MA/12920/2020                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 12920 of 2020

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                       ROHIT KHUSHALBHAI CHAUHAN
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR TEJAS M BAROT(2964) for the Applicant(s) No. 1
MS CM SHAH, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

                             Date : 01/10/2020

                              ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-29 of 2019 registered with Borsad Rural Police Station, District: Anand for the offences under Sections 363, 366, 376(3) of the Indian Penal Code and section 4 of Protection of Children for Sexual Offences Act.

3. Mr. Barot, learned advocate for the applicant submits that the investigation is over and chargesheet is filed. He submits that case is committed to Sessions Court. It is his further submission that the applicant and the victim were known to each other as the applicant was working as a helper of father of the victim. He submits that there is a variance in the statement of the victim and the history sheet before the Medical Officer. He further submits that considering the nature of allegations and the nature of the evidence, the applicant may be enlarged on bail on appropriate terms and conditions.

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R/CR.MA/12920/2020 ORDER

4. Ms.Shah learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed this application. She submits that the victim was of 15 years and one month at the time of the incident. It is her further submission that even if it is assumed for the sake of argument that there was consent on the part of the victim, the same is not relevant as the offence is a statutory rape in view of the age of the victim. She submits that in view of the age of the victim the provisions of POCSO Act are involved in this case hence, the applicant may not be released on bail. However, she submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.

5. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.I-29 of 2019 registered with Borsad Rural Police Station, District: Anand on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

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              R/CR.MA/12920/2020                                     ORDER




       [d]          not leave the State of Gujarat without prior permission of
                    the Sessions Judge concerned;

       [e]          mark presence before the concerned Police Station on

every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

7. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

8. Rule is made absolute to the aforesaid extent. Registry is directed to send a copy of the order through email or Fax to the concerned trial Court.

(A.G.URAIZEE, J) NAIR SMITA V./zgs Page 3 of 3 Downloaded on : Fri Oct 02 02:07:00 IST 2020

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